Army granted magistrate powers

 

Bangladesh Army

Last night, the government granted magistrate powers to commissioned army officers, effective immediately for 60 days, to enhance law and order.

A circular from the public administration ministry stated that the officers will serve as executive magistrates nationwide.

An officer with magistrate powers can arrest individuals and detain them. In cases of self-defense or extreme necessity, the officer is authorized to open fire, stated an adviser to the interim government.

Law Adviser Asif Nazrul explained the reasoning behind the decision, stating, "We are seeing acts of sabotage and instability in various regions, particularly in industrial areas. In response to the situation, army personnel have been granted magistrate powers.”

He expressed confidence that army personnel would not misuse their authority.

He mentioned that once the situation stabilizes, the need for army personnel to hold magistrate powers would no longer exist.

Another adviser, speaking on condition of anonymity, stated, "The police are still not fully operational, and subversive activities are occurring sporadically, while army teams are operating without the presence of a magistrate.

"This is an exceptional situation, and the number of law enforcement personnel is insufficient," the adviser explained, noting that this is the first time army officers have been granted such powers.

However, in the past, army officers didn't require this authority because they were deployed under emergency rule or martial law, which automatically granted them such powers.

Lt. Col. Sami-Ud-Daula Chowdhury, director of the Inter-Services Public Relations (ISPR), stated, "We have issued the order and will act accordingly."

Under Section 12 (1) of the Code of Criminal Procedure, 1898, the government is authorized to confer magistrate powers on any individual, in particular cases or across general cases, in any non-metropolitan area.

Since the fall of the Hasina-led government on August 5, amid a mass uprising, police presence has largely disappeared from the streets. Before and immediately after Hasina's ouster, public anger reached new heights, with mobs setting fire to police vehicles and ransacking facilities in retaliation for the police’s excessive force, including the use of deadly weapons, against demonstrators.

The police force, responsible for maintaining law and order, has since suffered from a severe lack of morale due to fears of being withdrawn, transferred, sued, or even arrested.

Police sources reported that over 450 of the country's 664 police stations were attacked, with some being set ablaze by mobs. Following these attacks, the Bangladesh Police Subordinate Employees Association declared an indefinite strike on August 6 for their own safety. The strike was called off on August 10 after several meetings with then-Home Ministry adviser Brig. Gen. (retd.) M. Sakhawat Hussain.

Many officers went into hiding after August 5 and have not returned to work. According to Police Headquarters, 187 officers have been absent from August 1 up to the current date.

In recent weeks, there have been reports of mob violence targeting various institutions, locations, and attacks on minorities and shrines.

Officials from the Ministry of Public Administration and the Ministry of Home Affairs explained that magistrate powers are crucial for maintaining law and order, ensuring free and fair elections, and handling other important public matters.

Former secretary Abu Alam Mohammad Shahid Khan expressed support for the decision, calling it timely and necessary, given the current state of law and order. "I believe this move will lead to a noticeable improvement in the country's situation," he said.

Veteran lawyer ZI Khan Panna noted that former presidents Ziaur Rahman and HM Ershad also granted magistrate powers to the army. However, he voiced concerns, stating, "It’s not right. Has the government lost faith in the magistrates? Army personnel should not perform magistrate duties under deputy commissioners. Mixing the army with the general public could damage the army's image. We want their reputation to remain untarnished."

According to the public administration ministry circular signed by Senior Assistant Secretary Jeti Pru, commissioned army officers will be able to exercise powers under specific sections of the Code of Criminal Procedure, 1898. These include Section 64, which allows a magistrate to arrest without a warrant when an offense occurs in their presence. The magistrate may arrest the offender or order someone to do so, and can commit the offender to custody according to the rules on bail.